Unfair Disciplinary

honeyc

Hi, I'm having a bit of a problem in work. I won't mention any names but the story is:
I started work with a company (A) in 2003 as a driver assistant, there was an accident which I beleive was due to the negligence of my employer and I have begun legal proceedings in the meantime. Anyway, I did not want to continue working as a drivers assistant so the company (A) offered me maintenance work which I have been doing for the past 12-18 months. The problem is, my employer has another company (B) in the same building and has asked me on numerous occasions to help them out which I have done thinking it was just now and then and I did it to be courteous. However, after a while I noticed it was eating into my time that I spent on my maintenance work (A). I asked them for extra money for the work I was doing for company B but Company A refused because I wasn't working any exra hours which was true. I recently decided that I wasn't going to do any work for Company B anymore because
1. I wasn't employed by them, I never did an interview or anything
2. I don't have a contract with B
3. I had been doing it out of courtesy

However, when I refused to work for the other company, I was called for a disciplinary meeting. No decision has been made yet as to warnings or anything but I didn't think that they would be able to do this as I am not employed by Company B and they do not pay my wages. If I am issued a warning about my refusal, and keep refusing, can they fire me?

They issued contracts and terms and conditions of employment a few months ago but I refused to sign anything because they had my job description down as a drivers assitant even though I don't do that anymore. I asked them to change it but they refused stating that that is what I was employed as and that is to remain to be my job description.

I don't know what to do, any advice would be appreciated! I mean, can they really discipline me for refusing to work for another comany?

Eoin

It sounds like they are meeting you more than half way.

You are suing them, and they have facilitated you by giving you different work.

They have asked you to work for Company B in your normal working hours, and you think you deserve more money, despite not working any additional hours. Incidentally, a "courtesy" in a business sense generally implies that you are helping someone out in your own time and/or for free. As I see it, you have just been asked to do some work for Company B on Company A's behalf.

Normally I would recommend reading your contract thoroughly to see what your duties are. However, you no longer want to do what's in your original contract, so I have no idea where that leaves you. You say that you have refused to sign a new contract. Is your original contract in place until the new one is signed, or are you now out of contract?

I work in IT, so a very different area, but being seconded to another company (especially one in the same premises) is not something I would consider unreasonable.

snellers

most contracts will state something along the lines of.....'you will complete daily tasks as set out by the business and this can change' - unless company 'A' voiced a concern with your activities when you raised it to them then you have simply been doing your job (you haven't had to relocate or report to someone else and it hasn;t affected your current job - maybe they realised you had time on your hands and decided to fill it - whatever the score it is their perogative and unless it means you work longer hours or your job changes drastically they can do that

honeyc

I've never had a contract with the company before. They have only started bringing this in a few months ago. I know that I have a legal action against them but with that aside: Can your employer discipline or fire you for refusing to work for a different company?

Bluetonic

What does the company disciplinary handbook state? You should have been given this within 6 months of joining.

If you've not been given this they will have difficulty disciplining you.

If your in a union contact the union rep, if not still contact a union they will most likely be willing to assist or advise. Failing that contact a legal eagle.

You'll just get people opinions here which won't really help you.

Jo King

If your employer is asking you to help another employer then that is reasonable. Your own employer may not have enough work, may be charging the other employer for your time etc.
Your employer is not obliged to give you a written contract but is required to provide you with written terms and conditions which they have done.
My view is that you are being precious. Your employer is getting fed up of you and will want rid of you. You should look for another job now while you still have one. You are taking out your unhappiness non your employer by being un-cooperative and you will eventually end up out of work and without a good reference and depending on the size of your industry - a reputation as a trouble-maker.

growler

you're not having to do extra work, so if you weren't doing the hours for company b you'd be sitting there doing nothing and being paid for it?

Company A should be quite within their rights to sub-contract your time to another business regardless of the ownership, most employment contracts will contain a clause to the effect of "or other such tasks as specified by employer" ,so what are you complaining about, if you were being dismissed / disciplined because you weren't doing you're job inside your contracted hours because of the additional work for B fair enough, but you're not, get on with your job and stop wasting other peoples' time having to deal with your imagined mistreatment.

the_syco

honeyc wrote: »

Can your employer discipline or fire you for refusing to work for a different company?

Can they discipline you because you're not doing the job they gave you? Maybe.

Remember:

• You get paid by company A
• You work for company A
• You carry out work in the building of company A

Reread the third point, as no doubt company B is paying company A to be there. Usually when this is the case, company B gets some help from company A. You're the help.

Also remember: you have no contract. If you go technical, tey can go technical, and insist you do the contract. As you can no longer do what you were hired for, you may be let go, if you go down the technical "my contract says".

All my past jobs (pub, cinema, data entry, IT support) state what do in your job, but also states that you'll be doing other stuff as well.

My advice would be to thread carefully: they're doing you a favour keeping you on, even though you are no longer doing what you were hired to do.

mountainyman

the_syco wrote: »

My advice would be to thread carefully: they're doing you a favour keeping you on, even though you are no longer doing what you were hired to do.

I agree that you should tread carefully but THEY are treading carefully because of the lawsuit. They are not doing you a favour.

However if your work is dangerous you should raise this issue with HR and get a commitment from Company A that you retain workers rights and protections while working with Company B.

I also agree that you are precious.